Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1390
       
       
       
       
       
       
                                Barcode 508384                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/26/2012           .                                
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       The Committee on Judiciary (Joyner) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (c) of subsection (8) of section
    6  741.30, Florida Statutes, is amended to read:
    7         741.30 Domestic violence; injunction; powers and duties of
    8  court and clerk; petition; notice and hearing; temporary
    9  injunction; issuance of injunction; statewide verification
   10  system; enforcement; public records exemption.—
   11         (8)
   12         (c)1. Within 24 hours after the court issues an injunction
   13  for protection against domestic violence or changes, continues,
   14  extends, or vacates an injunction for protection against
   15  domestic violence, the clerk of the court must forward a
   16  certified copy of the injunction for service to the sheriff with
   17  jurisdiction over the residence of the petitioner. The
   18  injunction must be served in accordance with this subsection.
   19         2. Within 24 hours after service of process of an
   20  injunction for protection against domestic violence upon a
   21  respondent, the law enforcement officer must forward the written
   22  proof of service of process to the sheriff with jurisdiction
   23  over the residence of the petitioner.
   24         3. Within 24 hours after the sheriff receives a certified
   25  copy of the injunction for protection against domestic violence,
   26  the sheriff must make information relating to the injunction
   27  available to other law enforcement agencies by electronically
   28  transmitting such information to the department.
   29         4. Within 24 hours after the sheriff or other law
   30  enforcement officer has made service upon the respondent and the
   31  sheriff has been so notified, the sheriff must make information
   32  relating to the service available to other law enforcement
   33  agencies by electronically transmitting such information to the
   34  department.
   35         5.a. Subject to available funding, the Florida Association
   36  of Court Clerks and Comptrollers shall develop an automated
   37  process by which a petitioner may request notification of
   38  service of the injunction for protection against domestic
   39  violence and other court actions related to the injunction for
   40  protection. The automated notice shall be made within 12 hours
   41  after the sheriff or other law enforcement officer serves the
   42  injunction upon the respondent. The notification must include,
   43  at a minimum, the date, time, and location where the injunction
   44  for protection against domestic violence was served. When a
   45  petitioner makes a request for notification, the Florida
   46  Association of Court Clerks and Comptrollers must apprise the
   47  petitioner of her or his right to request in writing that the
   48  information specified in sub-subparagraph b. be held exempt from
   49  public records requirements for 5 years. The Florida Association
   50  of Court Clerks and Comptrollers may apply for any available
   51  grants to fund the development of the automated process.
   52         b. Information held by the Florida Association of Court
   53  Clerks and Comptrollers and law enforcement agencies in
   54  conjunction with the automated process developed under sub
   55  subparagraph a. which reveals the home or employment telephone
   56  number, cellular telephone number, home or employment address,
   57  electronic mail address, or other electronic means of
   58  identification of a petitioner requesting notification of
   59  service of an injunction for protection against domestic
   60  violence and other court actions related to the injunction for
   61  protection is exempt from s. 119.07(1) and s. 24(a), Art. I of
   62  the State Constitution, upon written request by the petitioner.
   63  Such information shall cease to be exempt 5 years after the
   64  receipt of the written request. Any state or federal agency that
   65  is authorized to have access to such documents by any provision
   66  of law shall be granted such access in the furtherance of such
   67  agency’s statutory duties, notwithstanding this sub
   68  subparagraph. This sub-subparagraph is subject to the Open
   69  Government Sunset Review Act in accordance with s. 119.15 and
   70  shall stand repealed on October 2, 2017, unless reviewed and
   71  saved from repeal through reenactment by the Legislature.
   72         6. Within 24 hours after an injunction for protection
   73  against domestic violence is vacated, terminated, or otherwise
   74  rendered no longer effective by ruling of the court, the clerk
   75  of the court must notify the sheriff receiving original
   76  notification of the injunction as provided in subparagraph 2.
   77  That agency shall, within 24 hours after receiving such
   78  notification from the clerk of the court, notify the department
   79  of such action of the court.
   80         Section 2. Paragraph (c) of subsection (8) of section
   81  784.046, Florida Statutes, is amended to read:
   82         784.046 Action by victim of repeat violence, sexual
   83  violence, or dating violence for protective injunction; dating
   84  violence investigations, notice to victims, and reporting;
   85  pretrial release violations; public records exemption.—
   86         (8)
   87         (c)1. Within 24 hours after the court issues an injunction
   88  for protection against repeat violence, sexual violence, or
   89  dating violence or changes or vacates an injunction for
   90  protection against repeat violence, sexual violence, or dating
   91  violence, the clerk of the court must forward a copy of the
   92  injunction to the sheriff with jurisdiction over the residence
   93  of the petitioner.
   94         2. Within 24 hours after service of process of an
   95  injunction for protection against repeat violence, sexual
   96  violence, or dating violence upon a respondent, the law
   97  enforcement officer must forward the written proof of service of
   98  process to the sheriff with jurisdiction over the residence of
   99  the petitioner.
  100         3. Within 24 hours after the sheriff receives a certified
  101  copy of the injunction for protection against repeat violence,
  102  sexual violence, or dating violence, the sheriff must make
  103  information relating to the injunction available to other law
  104  enforcement agencies by electronically transmitting such
  105  information to the department.
  106         4. Within 24 hours after the sheriff or other law
  107  enforcement officer has made service upon the respondent and the
  108  sheriff has been so notified, the sheriff must make information
  109  relating to the service available to other law enforcement
  110  agencies by electronically transmitting such information to the
  111  department.
  112         5.a. Subject to available funding, the Florida Association
  113  of Court Clerks and Comptrollers shall develop an automated
  114  process by which a petitioner may request notification of
  115  service of the injunction for protection against repeat
  116  violence, sexual violence, or dating violence and other court
  117  actions related to the injunction for protection. The automated
  118  notice shall be made within 12 hours after the sheriff or other
  119  law enforcement officer serves the injunction upon the
  120  respondent. The notification must include, at a minimum, the
  121  date, time, and location where the injunction for protection
  122  against repeat violence, sexual violence, or dating violence was
  123  served. When a petitioner makes a request for notification, the
  124  Florida Association of Court Clerks and Comptrollers must
  125  apprise the petitioner of her or his right to request in writing
  126  that the information specified in sub-subparagraph b. be held
  127  exempt from public records requirements for 5 years. The Florida
  128  Association of Court Clerks and Comptrollers may apply for any
  129  available grants to fund the development of the automated
  130  process.
  131         b. Information held by the Florida Association of Court
  132  Clerks and Comptrollers and law enforcement agencies in
  133  conjunction with the automated process developed under sub
  134  subparagraph a. which reveals the home or employment telephone
  135  number, cellular telephone number, home or employment address,
  136  electronic mail address, or other electronic means of
  137  identification of a petitioner requesting notification of
  138  service of an injunction for protection against repeat violence,
  139  sexual violence, or dating violence and other court actions
  140  related to the injunction for protection is exempt from s.
  141  119.07(1) and s. 24(a), Art. I of the State Constitution, upon
  142  written request by the petitioner. Such information shall cease
  143  to be exempt 5 years after the receipt of the written request.
  144  Any state or federal agency that is authorized to have access to
  145  such documents by any provision of law shall be granted such
  146  access in the furtherance of such agency’s statutory duties,
  147  notwithstanding this sub-subparagraph. This sub-subparagraph is
  148  subject to the Open Government Sunset Review Act in accordance
  149  with s. 119.15 and shall stand repealed on October 2, 2017,
  150  unless reviewed and saved from repeal through reenactment by the
  151  Legislature.
  152         6. Within 24 hours after an injunction for protection
  153  against repeat violence, sexual violence, or dating violence is
  154  lifted, terminated, or otherwise rendered no longer effective by
  155  ruling of the court, the clerk of the court must notify the
  156  sheriff or local law enforcement agency receiving original
  157  notification of the injunction as provided in subparagraph 2.
  158  That agency shall, within 24 hours after receiving such
  159  notification from the clerk of the court, notify the department
  160  of such action of the court.
  161         Section 3. It is the finding of the Legislature that it is
  162  a public necessity that personal identifying and location
  163  information of victims of domestic violence, repeat violence,
  164  sexual violence, and dating violence held by the Florida
  165  Association of Court Clerks and Comptrollers and law enforcement
  166  agencies in conjunction with the automated process developed by
  167  the association under ss. 741.30 and 784.046, Florida Statutes,
  168  by which a petitioner may request notification of service of an
  169  injunction for protection against domestic violence, repeat
  170  violence, sexual violence, or dating violence and other court
  171  actions related to the injunction for protection be held exempt
  172  from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
  173  the State Constitution upon written request by the petitioner.
  174  Such information, if publicly available, could expose the
  175  victims of domestic violence, repeat violence, sexual violence,
  176  and dating violence to public humiliation and shame and could
  177  inhibit the victim from availing herself or himself of relief
  178  provided under state law. Additionally, if such information were
  179  publicly available, it could be used by the partner or former
  180  partner of the victim of domestic violence, repeat violence,
  181  sexual violence, or dating violence to determine the location of
  182  the victim, thus placing the victim in jeopardy.
  183         Section 4. This act shall take effect October 1, 2012.
  184  
  185  ================= T I T L E  A M E N D M E N T ================
  186  And the title is amended as follows:
  187  
  188         Delete everything before the enacting clause
  189  and insert:
  190                        A bill to be entitled                      
  191         An act relating to public records; amending ss. 741.30
  192         and 784.046, F.S.; providing exemptions from public
  193         records requirements for personal identifying and
  194         location information of victims of domestic violence,
  195         repeat violence, sexual violence, and dating violence
  196         held by the Florida Association of Court Clerks and
  197         Comptrollers and law enforcement agencies in
  198         conjunction with the automated process developed by
  199         the association by which a petitioner may request
  200         notification of service of an injunction for
  201         protection against domestic violence, repeat violence,
  202         sexual violence, or dating violence and other court
  203         actions related to the injunction for protection;
  204         providing that the exemption is conditional upon the
  205         petitioner’s request; providing specified duration of
  206         the exemption; providing for access by state or
  207         federal agencies in furtherance of the agencies’
  208         statutory duties; providing that the Florida
  209         Association of Court Clerks and Comptrollers must
  210         inform the petitioner of the right to request that the
  211         identifying and location information be held exempt
  212         from public records requirements; providing for future
  213         legislative review and repeal of the exemptions;
  214         providing a statement of public necessity; providing
  215         an effective date.